Posted on 12/12/2019 6:07:03 PM PST by Dacula
A few days ago our state police were chasing a speeding vehicle suspect of possibly dealing in drugs. The driver and his passenger exited the highway and crashed. One suspect was immediately caught the other is still on the run.
While searching for the suspect the police entered a home where they believed the suspect to be. No one was home and the suspect was not there.
Do the police have the right to enter the home without a warrant and search the home?
Before police can enter a home in pursuit of a fleeing suspect, they need to be able to articulate the crime the fleeing suspect is suspected of committing. If the crime is a felony, the hot pursuit exception will generally justify the warrantless entry
It was definitely a felony pursuit and probable cause.
In the proximity of a potential on-going felony, they can enter. However, they are limited to the immediate circumstances. Example, they break in to a home while in active pursuit and don’t find the suspect but find an illegal poker game. Cannot use the search to justify arresting the game players or seizing the cash.
“ Do the police have the right to enter the home without a warrant and search the home?”
They can search the house for the suspect, but they can’t search for a bag of weed under the couch.
Hot pursuit is a recognized exception to the warrant requirement of the 4th Amendment. See for example United States v. Santana, 427 U.S. 38 (1976) among many other cases.
Why? When was running from the law a felony? And they were only “suspected” of dealing drugs, no amounts nothing
When was running from the law a felony?
= = =
I sit in my house, mentally ‘running from the law.’
So am I a Felon?
A pursuit and fleeing from a crime can often create felony charges.
They did this in commierado. Destroyed the guys house with breaching explosives etc and did not have to pay for any repairs.
Yes you’re a felon by Nadlers rule....
Luckily, not during my high school years.
According to the new Democrat code of laws, if you even THINK about committing a crime, you are GUILTY.
According to the new Democrat code of laws, if you even THINK about committing a crime, you are GUILTY.
= = =
According to the new Democrat code of laws, if you even THINK, you are GUILTY.
Lol ! We sure WALKED away from some coming trouble in HS !
Yes, they can enter a house if they are in hot pursuit of a felon. Leaving the scene of an accident is a felony in most states.
However, he cannot use that to “discover” information about another crime.
So, if trashing a house and invading it without warning, self defense seems to indicate lighting up the polices is warranted.
Common sense should tell you IT WILL GET YOU KILLED. They can bring overwhelming fire power. Remember Waco?
Both suspects were fleeing the police and were known drug dealers. One was caught at the crash scene with drugs and the other fled with drugs and was known to carry a weapon. Video later showed him with both.
He is still on the run.
Eluding, obstruction of justice, same thing. Make fleeing a felony, and shoot them under my proposed fleeing felon statute!
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